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HomeMy WebLinkAboutStaff Report 3.F 05/16/20051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3.F May 16, 2005 ORDINANCE NO. 2207 N.C.S. EFFECTIVE DATE OF ORDINANCE Introduced by Seconded by APPROVING AN OFFER OF AN EXCLUSIVE UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC (PG&E), SOUTHERN BELL COMPANIES (SBC), AND COMCAST, INC. FOR THE PURPOSES OF INSTALLING AND MAINTAINING "DRY" PUBLIC UTILITY LINES WITHIN CITY OWNED LAND SHOWN AS PARCEL A OF THE STRATFORD PLACE SUBDIVISION — PHASE I FINAL MAP, FILED IN BOOK 663, PAGES 33-37, SCR. WHEREAS, Delco Builders as well as PG&E, SBC, and Comcast are requesting that the City of Petaluma grant a utility easement in favor of PG&E, SBC, and Comcast over the City owned "Parcel A" per the Stratford Place Phase I final subdivision map (book 663, logs 33-37, S.C.R.); and, WHEREAS, the purpose of the easement is to allow the dry utility companies to install and maintain the necessary utilities to serve the approved Stratford Place Subdivision project; and, WHEREAS, the City Engineer has reviewed the easement grant deeds, legal descriptions, and plats and has found them to be acceptable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 1. That said grants of easement are hereby approved and shall be carried out; and, Ordinance No. 2207 N.C.S. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 2. The City Manager is hereby authorized and directed to sign the easement grant deeds, thereby offering the exclusive utility easement to the above mentioned utility companies. IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. INTRODUCED and ordered Posted/Pi h oe orJ°��d this 2^d day of May 2005. ADOPTED this day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: David Glass, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, Interim City Clerk Richard R. Rudnansky, City Attorney Ordinance No. 2207 N.C.S. Page 2